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Ordinance 1998-06
ORDINANCE NO. 98-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM OS (OPEN SPACE ON 64.54 ACRES) TO M2 (GENERAL INDUSTRIAL ON 28.04 ACRES) AND PF (PUBLIC FACILITY ON 36.5 ACRES) Z 97-04, APN 841-15-074 WHEREAS, Shfiners Hospitals for Children has submitted Z97-04 requesting a change to the zoning designation of this property from OS (Open Space) to M2 (General Industrial) and PF (Public Facility) on approximately 64.54 acres, with the OS designation on approximately 28.04 acres in a triangle on the western portion of the property and the PF designation on approximately 36.5 acres in a trapezoid on the eastern portion of the property as designated on the site plan submitted by Garcia and Henry, Inc. dated 4-19-95; and WHEREAS, the property affected by Z97-04 is located at the southerly terminus of Rossi Lane, on the south side of Southside Drive between the Southern Pacific Railway right-of- way to the west and the South County Regional Wastewater Authority's facilities to the east, such land being more particularly described as APN 841-15-074; and WHEREAS, pursuant to the Califomia Environmental Quality Act ("CEQA"), the City Council on October 28, 1996 certified a Final EIR, consisting of a Draft EIR and a First Amendment to the EIR dated August 28, 1996, for a project that proposed to amend the General Plan from Open Space to General Industrial (GPA 95-02) on the entire site, along with prezoning of the property to M2 -General Industrial (Z 96-02; and WHEREAS, the City Council on November 18, 1996 denied the General Plan Amendment and the Prezoning applications; \KBA~403564.01 - l - ORDINANCE 98-6 834~40704706002 WHEREAS, the City Council on February 17, 1998 approved an Addendum to the Final EIR dated January 1998, finding that it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there are no additional significant effects due to the change in the project; and WHEREAS, the City Council on March 16, 1998 adopted Resolution No. 98-16, making certain findings required by CEQA, and adopting the Mitigation Measures and Mitigation Monitoring Program as set forth for this project in the Final EIR; and WHEREAS, the Planning Commission reviewed application Z97-04 at a duly noticed pubhc hearing on February 5, 1998 and recommended that the City Council approve application Z97-04; and WHEREAS, the City Council held a duly noticed public hearing on Z97-04 on February 17, 1998, at which public heating the City Council considered the project and based upon substantial evidence produced both in writing and orally, including the Staff Report dated February 10, 1998, directed staff to prepare the required documents for approval of the project subject to adoption of CEQA findings, including a statement of overriding considerations and a mitigation/monitoring program; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this ordinance is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: A. The project is consistent with the Gilroy General Plan because it confom~s to the land use designation for the property on the General Plan Map and is consistent with the intent of the text, goals and policies of the General Plan. B. The City has taken all actions required to approve this project pursuant to CEQA. \KBA\403564.01 -2- ORDINANCE 98-6 83-040704706002 THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDA1N AS FOLLOWS: The Zoning Map of the City of Gilroy is hereby amended to zone approximately 64.54 acres known as APN 841-15-074 from Open Space to General Industrial and Public Facility, subject to the Mitigation Measures in the Final EIR and the Mitigation Monitoring Program set forth in Resolution 98-16 as Exhibit "A", as follows, with the location of said designations more particularly described above: 1. Approximately 28.04 acres of the subject property shall be designated as M2 (General Industrial.) 2. The remainder of the subject property, approximately 36.5 acres, shall be designated PF (Public Facility.) This ordinance shall take effect and be in full force in thirty (30) days fi:om and after its adoption. PASSED ANT) ADOPTED this 6th day of April, 1998 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: Rhonda Pellin, City Clerk ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NONE NONE APPROVED: K. A. Mike Gilroy, Mayor ~ \KBA\403564.01 - 3 - ORDINANCE 98-6 83-040704706002 ! I i I i. ! I ! I i i ! ! ! APPENDIX MITIGATION & MONITORING PROGRAM SHRINER'S HOSPITAL PROPERTY GENERAL PLAN AMENDMENT EXHIBIT A i i t t i i i ! ~ I I I I Z Z © Z [.-. E ce:Z: O~ -I /;~ .mm- ! I I I I ] I ! ! Z ~...3 I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 98-6 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of April, 1998, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 6th day of May, 1998. City Clerk of th? City of Gilroy (Seal)